Appellate Division of the Supreme Court of the State of New York March 3, 2011 (Bank Hapoalim B.M. v. WestLB AG)

As a preliminary matter, counsel’s conduct in taking on the conflicting representation is governed by the Code of Professional Responsibility, which was in effect at the time of the conduct, rather than by the Rules of Professional Conduct, which were in effect when the motion to disqualify was brought (see Lee v Cintron, 25 Misc 3d 1210[A], 2009 NY Slip Op 52023[U], *2 [2009]; see generally